TERMS AND CONDITIONS FOR PROVISION AGREEMENT
The services performed by PCA (herein defined as the "Service Provider" shall be performed in accordance with the following ("Terms and conditions" ). By choosing the services provided by the Service Provider, the Client (The "Client") acknowledges that he has understood the Terms and conditions and expressly agrees to these Terms and conditions. These Terms and Conditions may be subject to modification or update at any time (herein denoted as "revision"). The Revision shall be enforced upon publication on the Service Provider's site www.pcagrade.com.
Having acknowledged the Terms and conditions, and in the event where you may have queries, please do not hesitate to reach the Service provider's customer service at the address hereafter firstname.lastname@example.org.
The present site is edited by the Service Provider, the Company, PCA Professional Cards authenticator (simplified joint-stock company with a share capital of 1000 euros - RCS company register PARIS B 810 151 290).
The Service Provider ensures authentication of collectible cards (Pokémon®, Magic the Gathering® & Dragon Ball Super®) at the Client's request. The issue of authenticating cards here denotes that the Service Provider shall perform 2 services under the Agreement:
- The Service Provider shall attribute a grade to the said cards in view of their quality/condition, and in accordance with standards of the strict and precise scale of criteria (refer to the Grading scale article;
- The Service Provider undertakes to seal the cards in appropriate protection designed to this effect.
These services are hereinafter referred to together as the "Service".
The Service Provider also sells accessories for the protection of collectible cards (the " Products").
The Client expressly agrees to the terms and conditions herein by providing his electronic signature, which will in turn be confirmed by clicking to accept the full Terms and Conditions of the offer. This electronic signature is as legally binding as a handwritten signature between the two parties. This two-fold approach shall be equivalent for the Client as a means of entering into the Agreement, the Client expressly acknowledges that he has been sufficiently informed and that he has fully understood and approved all of the Terms and conditions.
General Obligations Of The Client
The service proposed by the Service Provider shall be intended for both adult and young internet users. Any under-aged individual who has not been emancipated or any incapacitated adult shall benefit form guidance from a person considered able according to law. The undersigned Client hereby represents and warrants that:
- All information provided for registration shall be exact;
- All compulsory fields shall contain true, exact and complete information that is up to date;
- None of the collectible cards supplied to the Service Provider for authentication shall be forgeries;
- none of the collector cards he wants to certify has been explicitly and insidiously altered in order to conceal certain defects and thus mislead the Service Provider in his qualitative assessment of the condition of the card (e.g. use of ink) or prevent him from tracing the origin of the card and the extension which it came from (e.g. cutter);
- that he is the owner of the collector cards that he entrusts to the Service Provider.
- that none of the collector cards he wants to be graded show signs of deterioration or degradation in an advanced stage (e.g. mould, complete or partial tearing, significant deposit of material, addition of adhesive film);
- Proper measures to protect the cards shall be taken before posting them in accordance with the Transport article;
- He agrees to the scale used by PCA for grading (see page Grading Scale);
- He will not be able to contest the grade obtained if it does not suit him.
The Services and the Products are subject both to availability and to any condition that may affect operating the tools needed for grading the cards and sealing protection.
The prices of the Services and the Products by the Service Provider are stipulated on the Service Provider's website. The prices stipulated on the website are indicated in Euros and are inclusive of tax. The Service Provider reserves the right to modify the prices at any given time: Any alteration of the price shall concern only future orders. Any current orders already being processed shall in no way be affected by the modifications aforementioned.
Participating fees for preparation/logistics/transport for the PCA protection sold are indicated on the Client's order summary page, before definitively validating the considered purchase.
Any preferential prices granted by the Service Provider may be reviewed at any given time.
The Client shall follow the procedure stated hereafter when placing an order:
- select the number of cards to be authenticated on our internet site and the Products you wish to order;
- validate the content placed in the basket and means of delivery;
- identify yourself on the internet site or sign up on the identification page on which the required address will be indicated. You may also indicate the tracking number of the package in which your cards were sent to the Service Provider
- you may use PayPal, credit card, Visa or MasterCard to pay on line;
- validate the payment.
The Client will receive an email to confirm his order.
The Service Provider reserves the right to cancel or refuse any orders from Clients with whom there is an existing claim regarding the payment of previous a previous order or whose file has a litigious anteriority.
When placing an order, buyers expressly agree to the price and description of the service and/or products available for sale.
Terms Of Payment
Method of payment
Payment due for the service to be provided shall be made once the order has been validated. Payment shall be made exclusively by PayPal, credit card, Visa or MasterCard by providing the information required on the relevant page on the Service Provider's site. The order should only be posted once the bank details have been checked and authorisation to debit your account confirmed. In the absence of this authorisation, the service required shall not be performed.
Payment will be made via Stripe, a secured platform used by the Service Provider's. The data recorded by the Stripe payment system constitutes proof of financial transactions carried out by bank card. No bank details will be saved by the Service Provider.
Payment can alsp be made via PayPal, a secured platform used by the Service Provider's. The data recorded by the PayPal payment system constitutes proof of financial transactions carried out by bank card. No bank details will be saved by the Service Provider.
Further to payment, the Client will receive a email summarising the order, this email formalizes the Agreement between both parties.
Order Processing Time
The Services ordered by the Client will be provided, at any time, within five months from the receipt of the order by the Service Provider, under the conditions set forth in these Terms and Conditions.
At the time of the order, as provided for in Article 6 above, the Client will be asked to indicate the tracking number of the package by which the Client sent the collection cards to the Service Provider.
If the Client does not provide the tracking number of the package, the Service Provider will not be able to confirm the receipt of the package until the package is opened, and the processing time of the order will begin when the package is opened by the Service Provider.
The Service Provider undertakes to make its best efforts to provide the Services, within the framework of an obligation of means and within the time limits specified above.
If the ordered services were not provided within five months after the indicative date above specified, for any other cause than the force majeure as set out in the article 22 of the Terms and Conditions or an act of the Client, the contract will be terminated at the written request of the Customer in the conditions set out in the articles L 216-6 L 216-7 and L241-4 of the French Consumption Code.
The written request of the Client must be carried out by e-mail to the address email@example.com.
The Client will be refunded, at the latest, within fourteen days of the termination of the contact. It is specified that no compensation or deduction from the price will be made.
The costs of returns will be charged to the Client.
Right Of Withdrawal
In accordance with the legal provisions in force, the Client has a period of fourteen days from the date of the order of the Service or the Products to exercise his right of withdrawal to the Service Provider, without having to justify his reasons or pay any penalty.
To exercise your right of withdrawal, you must notify the Service Provider of your decision to cancel in an unequivocal manner. You may also cancel using the Withdrawal Form in Appendix 2 to these Terms and Conditions.
The Client may also exercise its right of withdrawal by sending an email indicating that you request to exercise your right of withdrawal before the expiration of the above-mentioned 14-day period to the following address firstname.lastname@example.org.
In case of exercising the right of withdrawal, the costs of return will be charged to the Client.
Please note that the right of withdrawal cannot apply if the Service has been fully executed before you have exercised your right of withdrawal.
Thus, the Client may expressly indicate at the time of ordering or by e-mail to email@example.com that the Client wishes the Service to begin after the end of the applicable withdrawal period.
The cards will be subject to 2 deliveries:
- From the Client to the Service Provider;
- From the Service Provider, back to the Client.
Postal expenses will be at the charge of the Client.
Postage organised by the Client
The Client undertakes to pay postage expenses when sending the cards to the Service Provider and accepts full responsibility for any loss.
In the event where the Client's parcel is not received within 30 days of payment, the transaction may be cancelled by the Service Provider. In this case, the Client shall be reimbursed for the total amount engaged.
In the event where the cards should be received after 30 days and the sale cancelled, the Service Provider will return the cards within 7 working days of reception of the postage fees due by the Client for returning the parcel.
So as to avoid any litigation, you are strongly advised to send the parcel with a tracking number and via secured postage.
The Client shall adequately protect his/her cards before sending them to ensure they arrive in the same condition as when leaving the Client's hands. You are advised to place the cards in a sleeve and then in a toploader.
Any protection provided by the Client will be returned to him with the cards duly authenticated as far as possible, without any obligation on the part of the Provider.
Return postage by the Service Provider of the collectible card and transport of the Products
Once the cards have been sealed, they will be returned to the Client and the tracking number for postage conveyed to the Client. In the event that the Client has ordered Products, the Products are delivered by parcel and a tracking number is communicated to the Client. The Client's address shall be indicated on the order form. The aforementioned address may differ to the address of the payer.
The Client is invited to regularly consult the follow-up of his order on the website of the Service Provider.
If the Client is absent at the time of delivery, or if the Client has made a change of address which the Service Provider has not acknowledged, and wishes the Service Provider to carry out a second attempt to deliver the cards, the Client shall pay the fees resulting from the first delivery as well as prepaying the fees for the second delivery attempt.
Delivery dates may vary according to the offer chosen.
In the case where the cards sent by the Client are not compliant with the purchase order, the delivery date will be suspended until a new Agreement may be formalized.
Delivery dates will be subject to the services provided by outsources and cannot be controlled by the Service Provider. The Client expressly accepts that the delivery dates are given for indicative purposes only and may be subject to change, even for orders that have already been placed.
Delivery costs are shown on the Service Provider's website. The cost aforementioned will vary according to the number of cards to authenticate and the Products ordered.
Delivery can be made to anybody within the European Union, at the address indicated and under the responsibility of the Client. Where appropriate, any orders to be delivered to other countries may be undertaken further to validation on a case-by-case basis by the Service Provider. Delivery cannot be ensured in the case of force majeure or exceptional circumstances; and/or transport strikes.
In the event where the parcel to be delivered is lost, the Service Provider shall reimburse the amount engaged and compensate for the loss according to the amount covered by the insurance policy subscribed to.
The Client must imperatively check the packages and orders upon delivery. If the Client has any reservations, he/she is required to make precise reservations on the delivery receipt mentioning the marks, numbers, number and weight of the disputed packages before taking delivery of the orders received.
The Client shall inform the Service Provider of its reservations by sending the following documents by e-mail to firstname.lastname@example.org within 12 hours of delivery at the latest:
- A sworn statement acknowledging the delivery of a damaged or spoiled order and confirming the reservations indicated at the time of delivery;
- A copy of a proof of identity;
- A copy of a proof of address less than three months old.
If the cards sent by the Client for authenticated are different to those mentioned in the sales order, the Service Provider has the right to put an end to performing the service. The Client shall be reimbursed for all costs except those for postage fees for the return of the cards.
The Service Provider may also alter the Client's order to make it compliant with the cards received. An additional price or reduced price may then be requested. The order processing time may then be extended.
Cards, the dimensions of which do not allow them to be placed in the Service Provider's case, will not therefore be graded and be returned to the Client.
Scale for grading
The Client using the services provided by the Service Provider expressly agrees to the ranking system (the scale for grading) that has been set up by the aforementioned. In the case of conflict regarding the grade awarded, the Service Provider cannot be held liable for any lack of conformity (For further information about the Grading Scale).
The Service Provider may refuse to grade and authenticate a card which is in very bad condition.
Handling and photography of the collectible cards
During the execution of the Service, the Client's cards shall be handled with extreme care by the Service Provider. However, in the unlikely event where a card were to be damaged or lost within the premises of the Service Provider for any reason other than force majeure as provided in Article 22 of these Terms and Conditions,, this last undertakes to reimburse and compensate the Client up to the value declared when ordering. . The Service Provider shall reimburse the Client up to the value declared at the time of the order in the event that the Service Provider does not return the card to the Client. In the event that the card is returned to the Client, the Service Provider will offer the Client a partial refund in proportion to the damage caused.
During the smooth running of operations for grading and authenticating, the Service Provider may take one or several digital photographs or other type of photographs, images or reproductions of each card that is to be authenticated. In return for the services provided by the Service Provider, the Client hereby authorizes, on his own behalf and for that of any third party he may represent, that the Service Provider may take one or several photographs of each of the authenticated cards. Moreover, the Client acknowledges that the Service Provider is the legal owner of these photographs and that he may use and exploit these photographs for any commercial purposes or other purposes; such use is entirely at his own discretion, including but not limited to publication, re-editing or reproduction and on any medium or form.
The Service Provider cannot be held responsible for any deterioration to the PCA protection further to returning the cards to the Client.
The Service Provider cannot be held responsible for any deterioration to the sealed cards in the case where the PCA protection has been forced open or damaged.
Responsibility of the service provider - warranty
Liability of the Service Provider in the performance of the Service
In accordance with the provisions of Article 1217 of the French Civil Code, in the event of non-performance or imperfect performance of the Service by the Service Provider, the Client may:
- refuse to perform or suspend the performance of its own obligation;
- pursue compulsory performance of the obligation in kind; or
- obtain a reduction of the price;
- terminate the contract;
- request compensation for the consequences of the non-performance.
Liability of the Service Provider in connection with the sale of the Products
The Products offered for sale comply with the regulations in force in France and are compatible with non-professional use.
The Products supplied by the Service Provider benefit by right and without additional payment, in accordance with legal provisions:
- the legal guarantee of conformity, for Products that are apparently defective, damaged or do not correspond to the order or to the immediate purchase,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the Products delivered and making them unfit for use,
under the conditions and according to the terms set out in Appendix 2 to these Terms and Conditions.
The Service Provider shall refund or rectify or have rectified (to the extent possible) the Products found to be defective as soon as possible and at the latest within 30 days of the Provider's finding of the defect or fault. The refund will be made by crediting the Client's bank account or by bank check addressed to the Client.
Please note that in order to assert your rights you must inform the Service Provider in writing and return the Products in the following conditions:
- in their original packaging, in perfect condition;
- accompanied by the proof of order;
- without the item having been used or opened;
- to the following postal address: PCA - Orders Department - 2, rue Raffet - 75016 Paris - FRANCE
- accompanied by a return form (provided by the Customer Service), to be printed and filled in.
For any question on these points, the Customer can contact PCA by email at email@example.com.
The Service Provider's responsibility cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
- in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The Service Provider's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are defective.
The Service Provider is independent of ©2019 Pokémon; ©1995–2019 Nintendo/Creatures Inc./GAME FREAK Inc.; ©BIRD STUDIO/SHUEISHA; ©TOEI ANIMATION; ©BANDAI CO., LTD; ©Wizards of the Coast; ™Magic the Gathering.
©2019 Pokémon, ©1995–2019 Nintendo/Creatures Inc./GAME FREAK Inc. are trademarks registered by Nintendo; ©BIRD STUDIO/SHUEISHA; ©TOEI ANIMATION; ©BANDAI CO., LTD are trademarks registered by Bandai; Magic the Gathering is trademark registered by Wizards of the Coast.
Applicable law - Litigation
The present Terms and Conditions are subject to French law.
The initial language used for writing the present Terms and Conditions is French.
In the event of a legal dispute, only French courts are competent to deal with the case.
All disputes to which these Terms and Conditions may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences and which could not be resolved between the Service Provider and the Client amicably shall be submitted to the competent courts under the conditions of common law.
The Client is hereby informed that he may in any event have recourse to conventional mediation, in particular with the French "Commission de la médiation de la consommmation" (C. cons. art. L 612-1) or with the existing sectoral mediation bodies whose references appear on the Service Provider's website, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
If the Client considers that a violation of the General Regulation on the protection of personal data (GDPR) has been committed, the Client may appoint an association or an organization mentioned in IV of Article 43 ter of the 1978 French Data Protection Act ("loi Informatique et Libertés"), in order to obtain compensation from the data controller or subcontractor before a civil or administrative court or before the French Data Protection Authority (the "CNIL").
For any further questions or requests regarding the use of the website or the provisions of the Terms and Conditions, or the protection which is shown on the site, the Client can contact the Service Provider by:
- phone at +33 1 40 72 06 07;
- the website's contact form;
- email at the address firstname.lastname@example.org;
- simple mail, by writing to the following address: PCA - Orders Department - 2, rue Raffet - 75016 Paris - FRANCE
To do so, the Client may make an on-line request or send a letter with his/her name, first name, address and if possible, Client reference number to:
- PCA - RGPD - 2, rue Raffet - 75016 Paris - FRANCE;
- or to email@example.com.
The Service Provider's website is also designed for meeting the particular needs of our Clients. This is why "cookies" are used. A cookie is used to show any visit to the site.. Cookies are only used by PCA to improve personalised customer service.
Terms and conditions for using the website
Consulting the Service Provider's website means accepting the following conditions.
These provisions are only applicable to the Service Provider's site (the "site"), We are not responsible for any links to other websites and neither can we be held responsible for the privacy practices or the content of these other websites. Rules for confidentiality of a document do not apply to these third-party sites.
By accessing the website as "the User", you acknowledge and agree that the site content may be subject to legal protection, by author rights, data rights, brand names, patents, or any other legal protection (namely, civil liability).
The site user shall not copy, reproduce, distribute, publish, modify, adapt, transfer or transmit any of the content and in whatever form without the authorisation of the owner of the rights. Failure to do so will result in civil, administrative and legal sanctions.
The Service Provider refuses any responsibility in relation to technical consequences of connecting to the site, particularly in the case of difficult connexion due to technical defects or material defects, or any other problem linked to a busy network.
The Service Provider cannot be held responsible for any material or non-material damage caused to the site user or to any third party (in particular, to computing equipment and to data that is stored there) when using the site as well as any consequences resulting from personal, professional or commercial activities of the site user.
The content of the Service Provider's website is its property or that of its partners, the content of the Service Provider's website is protected by French and international laws on intellectual property.
The Client is prohibited to damage in any way the Service or to use it in a way that does not comply with its purpose and the conditions set by the Terms and Conditions.
In particular, the Client is prohibited from developing competing products or service and/or copying or reproducing any features, functions or graphic attributes of the Service or the Products.
Any total or partial reproduction of the contents present on the Service Provider's website is strictly prohibited and is likely to constitute an infringement.
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the French Civil Code.
The Client is prohibited to damage in any way the Service or to use it in a way that does not comply with its purpose and the conditions set by the Terms and Conditions.
Attribution of the website design and publisher's contact information
- Corporate name: Professional Cards Authenticator - PCA
- Corporate form: PCA - 2, rue Raffet - 75016 Paris - FRANCE
- Postal address: PCA - 2, rue Raffet - 75016 Paris - FRANCE
- SIREN: 810 151 290 00014
- Intracommunity Identification: FR57810151290
- Website Hosted by: OVH - 2 rue Kellermann - 59100 Roubaix - FRANCE
These Terms and Conditions are effective as of December 27th, 2021.
Download the Withdrawal form.
Appendix 2: Provisions relating to legal guarantee
Article L217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the good must:
- Be fit for the purpose usually expected of similar goods and, where appropriate:
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-6 of the Consumer Code
The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Article L217-7 of the Consumer Code
Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For goods sold second-hand, this period is set at six months.
The seller can fight this presumption if it is not compatible with the nature of the good or the claimed lack of conformity.
Article L217-8 of the Consumer Code
The buyer is entitled to demand the conformity of the good to the contract. However, he cannot contest the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect originates in the materials that he himself supplied.
Article L217-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between repairing or replacing the good.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. In this case, the seller is obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L217-10 of the Consumer Code
If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.
The same option is open to him:
- If the solution requested, proposed or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;
- Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
The resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L217-11 of the Consumer Code
The application of the provisions of articles L. 217-9 and L. 217-10 is without any cost for the buyer.
These same provisions do not prevent the allocation of damages.
Article L217-12 of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Article L217-13 of the Consumer Code
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by the law.
Article L217-14 of the Consumer Code
The recourse action can be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the civil code.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.